Bank's Decision Upheld: No Legal Representation Required Before Grievance Redressal Committee

Kingfisher Airlines Limited Versus Union of India & Ors.

Kingfisher Airlines Limited Versus Union of India & Ors. - TMI Issues Involved:
1. Whether the appellant is entitled to legal representation before the Grievance Redressal Committee (GRC) of the bank.
2. Whether the bank's refusal to allow legal representation violated principles of natural justice.

Detailed Analysis:

Issue 1: Entitlement to Legal Representation
The primary issue addressed in the judgment is whether the appellant is entitled to legal representation before the GRC of the bank. The appellant was classified as a wilful defaulter by the bank, which proposed to forward this classification to the RBI. The appellant requested the bank to allow legal representation during the GRC hearing, citing the complexity and serious consequences of being declared a wilful defaulter.

The bank refused this request, stating that the RBI Master Circular (MC) on Wilful Defaulters did not contain any provision for legal representation. The single Judge upheld the bank's decision, stating that the officers of the bank comprising the Committee were not legally trained persons, and the issues to be considered were reasonably simple questions of fact.

The appellant argued that no provision of law prohibited legal representation and that the bank should have exercised its discretion judiciously, considering the complex nature of the case and the serious penal consequences. The bank countered that the appellant had no legal right to engage an advocate and that the classification process was straightforward.

The court concluded that the principal test for deciding whether permission to engage an advocate should be granted is whether the refusal will defeat the purpose of the hearing. In this case, the court found no reason to believe that the absence of legal representation would defeat the purpose of the hearing, as the GRC was not empowered to take down evidence or adjudicate disputes but merely to review the appellant's representation against the bank's classification.

Issue 2: Violation of Principles of Natural Justice
The appellant contended that being declared a wilful defaulter entailed serious consequences, including penal consequences, and that depriving them of legal representation violated principles of natural justice and constitutional rights. The bank maintained that the MC did not provide for legal representation and that the appellant's case did not warrant an exception.

The court held that the absence of a prohibition or silence in the MC regarding legal representation does not create a right to do so. The purpose of the hearing is to ensure that the lender does not mistakenly classify a borrower as a wilful defaulter. The court found that the grounds stated by the appellant did not constitute a case where the absence of legal representation would defeat the purpose of the hearing.

In conclusion, the court dismissed the appeal, stating that the bank did not commit any wrong by refusing permission for legal representation, and the single Judge rightly dismissed the writ petition. The court also noted that the appellant did not raise additional issues before the single Judge and thus could not raise them before the appellate court. The request for a stay was denied, as the court found no reason to pass an interim order after dismissing the appeal.